There is increasing pressure towards Board transparency and member entitlement to records. This is yet another example. A New York City Appeal Court’s recent decision addressed in the article requiring greater access to Board records and the right to make paper and electronic copies of records subject to a confidentiality agreement is a huge transparency shift that Boards have to be prepared to deal with.
Read this Article from Habitat Magazine.
This time it happened in a 72-unit condominium in Massachusetts. The Board Member Treasurer did things like writing checks to her contractor son for made up work and none of the other Board Members or owners were reviewing condo records like bank statements. When other Board Members stumbled upon the records years later, the fraud was revealed but it was too late; the money was gone, there was no insurance available and the owners were left without $183,000.
It really is important for organizations to have framework, policies and procedures in place for their Boards. Board Members need to oversee their organization’s business but also their fellow Board Members. They are fiduciaries who are charged with looking out for the best interest of their members. There is no excuse for a Board Member of any type or size organization not to have unconditional and ready access to organization records and not to regularly review those records (like bank statements) and allow such a fraud to happen. This case also highlights what happens when volunteer organizations skimp on insurance that may have covered some of the damage for this inexcusable loss.
If you’re a volunteer Board Member you should ask yourself where are my organization’s records? How do I access them? When was the last time I looked at them? I may be responsible for the actions of my fellow Board Members and others running my organization so I’d better start overseeing them before its too late.
Whether you’re a community association trying to collect arrears, a business trying to force a vendor to comply with a contract, or anyone else trying to enforce their rights, good record keeping is essential. Waiting until a dispute arises or suit is necessary or ends up served on you, is too late in many instances to pay attention to record keeping.
The time to focus is the present. It is best to proactively manage what you keep and how you keep it so when its time to prosecute or defend a matter, you’re ready. Consider a well thought out record retention schedule. Which emails should you keep and how long. What documents, electronic or paper, should be kept or purged. Consulting with counsel to make sure your business and personal record keeping complies with the law and protects you is a question your attorney should be able to answer. Remember that being protective in keeping good records will not only protect you and your business, it will end up saving you a lot of aggravation and money in the long run.